9911796707
TMI Blog2005 (10) TMI 599X X X X Extracts X X X X X X X X Extracts X X X X ..... is equally true that the accused who is on bail, should be heard before an order of cancellation of bail is passed by the Court. The order of the Sessions Court shows that the learned Magistrate has been empowered to consider the question of violation of any of the conditions imposed by the Sessions Court and was given powers to pass appropriate orders. The plea raised by the appellant's learned Counsel is that when the learned Magistrate had no such power, the Sessions Court was not empowered to invest that power in the Magistrate. We do not find any force in this contention. The superior court can always give directions of this nature and authorise the subordinate court to pass appropriate orders and the trial Magistrate would be the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 120B and 307 IPC. He was granted bail by the Sessions Court subject to certain conditions, one of which was that he should execute a bond for ₹ 50,000/- with two solvent sureties. He was also directed to make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. to 12.00 noon and was further directed that except for this purpose he shall not enter the sessions division of Ernakulam until further orders without prior permission of the learned Magistrate. Lastly, the Sessions Court directed that the Investigating Officer shall scrupulously ensure that the appellant complied with all the conditions imposed therein and shall report to the Magistrate in case of any br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Sub-section 5 of Section 437 Cr.P.C., the court is given power to cancel the bail and direct that the person released on bail be arrested and committed to custody. 5. In the instant case, the bail was granted by the Sessions Court under Section 439 Cr.P.C. Sub-section 2 of Section 439 Cr.P.C. specifically says that a High Court or the Sessions Court may direct that any person who has been released on bail be arrested and committed to custody. The power of the High Court or the Sessions Court under Sub-section 2 of Section 439 Cr.P.C. is very wide and it specifically says that the Sessions Court or the High Court has got power to cancel the bail granted by any of the subordinate courts under Chapter 33 of the Criminal Procedure Code. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not empowered to invest that power in the Magistrate. We do not find any force in this contention. The superior court can always give directions of this nature and authorise the subordinate court to pass appropriate orders and the trial Magistrate would be the competent authority to decide whether any condition had been violated by the person who had been released on bail. When there is a specific direction to pass appropriate orders as if the conditions for granting bail had been imposed by the learned Magistrate himself, the impugned Order is legal and valid. 9. The contention of learned Counsel for the appellant that the appellant was in prison in connection with another case and that is why he could not appear before the Investigating ..... X X X X Extracts X X X X X X X X Extracts X X X X
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